cert petition – Page 5

Whether the federal government can avoid the doctrine of prior exclusive jurisdiction in an ongoing, comprehensive water adjudication under the McCarran Amendment by asserting defenses based on federal law.

The first petition is here.

Bird v. Three Affiliated Cert Petition [sovereign immunity]

July 10, 2023Matthew L.M. Fletcher

Here is the petition in Bird v. Tribal Business Council of the Three Affiliated Tribes of the Fort Berthold Indian Reservation:

Bird Cert Petition.pdf Download

Question presented:

Does inclusion of a mandatory arbitration clause in an Agreement with an Indian Tribe waive the Tribe’s sovereign immunity?

Eighth Circuit materials:

Bird CA8 Brief.pdf Download

MHA Nation CA8 Brief.pdf Download

Bird CA8 Reply.pdf Download

District court materials here.

Sauk-Suiattle v. Seattle Cert Petition

April 3, 2023Matthew L.M. Fletcher

Here:

Cert Petition.pdf Download

Questions presented:

Is the court-created “futility” doctrine, which allows a United States court to decide a case removed from state court even though it lacks jurisdiction, repugnant to Article III of the Constitution?
Does application of the so-called “futility” doctrine by a United States court to decide a case over which it lacks jurisdiction contravene 28 U.S.C. 1447(c), the plain language of which requires remand of the cause to the state court from which it was removed?
Should the Supreme Court grant certiorari to reconcile a conflict among the circuit courts of appeal regarding the validity of the futility doctrine?

Lower court materials here.